170 APPENDIX TO BRITISH COUNTER CASE. 



majesty on the one part, and John Adams, Benjamin Franklin, and 

 John Jay, three of the commissioners of the said States, for treating 

 of peace with the commissioner of his said majesty, on their behalf 

 on the other part, to be inserted in, and to constitute the treaty of 

 peace proposed to be concluded between the crown of Great Britain 

 and the said United States, but which treaty is not to be concluded 

 until the terms of a peace shall be agreed upon between Great Britain 

 and France, and his Britannic majesty shall be ready to conclude 

 such treaty accordingly. 



******* 



ARTICLE III. The citizens of the said United States shall have the 

 liberty of taking fish of every kind on all the banks of Newfoundland, 

 and also in the Gulf of St. Lawrence ; and also to dry and cure their 

 fish on the shores of the Isle of Sables and on the shores of any of 

 the unsettled bays, harbors, and creeks of the Magdalen Islands, in 

 the Gulf of St. Lawrence, so long as such bays, harbors, and creeks 

 shall continue and remain unsettled; on condition that the citizens 

 of the said United States do not exercise the fishery, but at the dis- 

 tance of three leagues from all the coast belonging to Great Britain, 

 as well those of the continent as those of the islands situated in the 

 Gulf of St. Lawrence. And as to what relates to the fishery on the 

 coast of the Island of Cape Breton out of the said gulf, the citizens 

 of the said United States shall not be permitted to exercise the said 

 fishery, but at the distance of fifteen leagues from the coasts of the 

 Island of Cape Breton. 



No. 107. 1782, November 26, 27: Extract from Mr. Adams' Diary. 



.... Before dinner Mr. Fitzherbert came in, whom I had never 

 seen before, a gentleman of about thirty-three ; seems pretty discreet 

 and judicious, and did not discover those airs of vanity which are 

 imputed to him. He came in consequence of the desire I expressed 

 yesterday of knowing the state of the negociation between him and 

 the Count de Vergennes respecting the fishery. He told us, that the 

 Count was for fixing the boundaries where each nation should fish ; 

 he must confess he thought the idea plausible ; for that there had been 

 great dissensions among the fishermen of the two nations; that the 

 French marine office had an apartment full of complaints and repre- 

 sentations of disputes ; that the French pretended that Cape Ray was 

 the Point Riche. 



I asked him if the French demanded of him an exclusive right to 

 fish and dry between Cape Bonavista and the Point Riche. He said 

 they had not expressly, and he intended to follow the words of the 

 treaty of Utrecht and Paris, without stirring the point. I showed 

 him an extract of a letter from the Earl of Egremont to the 

 103 Duke of Bedford, March 1, 1763, in which it is said that by the 

 13th article of the treaty of Utrecht a liberty was left to the 

 French to fish and to dry their fish on shore, and for that purpose 

 to erect the necessary stages and buildings, but with an express stipu- 

 lation " de ne pas sejourner dans la dite isle, au dela du dit terns 



